Revolutionary War Pension and Bounty Land Warrant Application File R. 3904, Nicholas Gardinier, New York

SERVICE
NUMBER
New York
Gardinier, Nicholas or Gardinear, Rachael
R. 3904
CONTENTS
Not identical with Nicholas Gardiner, N. 17002

State of New York County of Monroe ss
On this 24 th day of September eighteen hundred & forty seven personally appeared in Open Court Dorcas Hilton against the city of Rochester in said County aged fifty six years who being first duly sworn according to law doth on her oath make the following de- -claration in order to obtain the amount due to the heirs of Rachael Gardiner deceased widow of Nicholas Gardiner under the act of 7 th July 1838-
This declarant states that she is the daughter of Nicholas & Rachael Gardiner - that her father, the said Nicholas Gardiner was a soldier in the war of the revolution that he was the son of Jacob Gardiner who was a captain of a company in said war and this declarant's said father served a portion of his time as a soldier in said war under the said Jacob Gardiner as she has been informed & believes -
This declarant states that she has heard her said father say that he served in the early part of said war as a Blacksmith in the

Continental service for six months - This declarant further states that she has heard her said father often speak of being in service as a sol- dier under Colonel Fisher and Colonel Willett -
This declarant further states that she has seen & read the annexed certificate purporting to have been issued from the Comptroller's Office at Albany N.Y. bearing date the 22 d day of September 1847 - & signed by Philip Phelps & ex- Comptroller - which said certificate sets forth a description of the service & pay of Nicholas  Isaac Gardiner in said war and this declarant states that she believes has no doubt that the person mentioned therein was her said father - that the time and the names of the Officers correspond with what she has heard her said father say of his service in said war.
This declarant further states that her said father resided during the time of said war, in the town of Charleston Montgomery (then Tryon) County & State of New York - that after the war her said father removed to the town of Stillwater in

San Santa Cruz County where he resided a number of years and where he was married to this declarant's mother. This declar- -ant states that the marriage between her said father & mother took place according to the state- -ment of the annexed family record in the year 1784- This declarant states that the an- -nexed record was prepared kept by her said father & kept by him during many years of his life time - that it contains as she believes a true statement of the time of the marriage of her said father & mother and of the birth of their children. This declarant states that her said father died on the 30 th day of September in the year eighteen hundred and twelve (1812) that her said mother died on the twentieth day of September of this present month and year - and that her said father & mother left four children now living, whose names are

Jacob Gardiner. Margaret Veder. Cornelius Gardiner and Doreas Hilton (this declaration)
Subscribed & sworn to the day & year first above written
Doreas Hilton
The word "Nicholas" interlined & the word "Jacob" erased before signing. C. M. Mono? Dew. Clerk }
State of New York County of Ulster ss I John C. Nash clerk of said County do hereby certify that at a Special Term of the Supreme Court the same being a court of record, held in & for said County, on the 24 th of September 1847 it was duly proved by the exhibition of testimony satisfactory to said court that Nicholas Gardiner died on the (30 th ) thirtieth day of September 1812 - that his widow Rachael Gardiner died on the twentieth (20 th ) day of September eighteen hundred & forty seven (1847) & that the said said Nicholas & Rachael Gardiner left four children surviving - whose names are Jacob & Cornelius Gardiner, Margaret Veder & Doreas Hilton. In testimony whereof I have hereunto set my hand & affixed the seal of said court & county this 24 th Sept. 1847
John C. Nash Clerk.

Rachel Mantlenbergh and  Nicholas Gardinear
Was married on monday JULY the 12 th 1784.
Maria Gardinear. was born on friday morning One a clock July 29 1785
Jacob Gardinear. Was born on thursday 9 and 10 a clock forenoon Septem r 21 1787
Evert Gardinear. Was born on saturday 12 a clock Jenawary 12 1789
My first son was born on friday. Was named Isaac at night August 10 1790 and Died on sunday fell Rachel Gardinear was born on saturday 20 fish 1791 August 13 1791 Cornelius Gardinear My Fourth son was born on Monday the First Day of July a five a Clock in the Morning 1793 My fifth son was born on thursday Morning at 10 o'clock June 29 1795 and Died this morning My sixth son was born on Wednesday Morning at 10 o'clock August 27 1796 at home when Rachel My third Daughter Maria Margaret was born on April 28 th at 11 o'clock in the afternoon at home when Rachel

19 83
 1000  6886   12 
1111
Maria Jemison departed this life on the nineteen the day of April aged thirty five years and eight months and thir- teen days in the year of our Lord one thousand eight hundred and twenty one
 8 1786 1822 1824  8 1786 1786 1786  5  1736 36 38  1415 
1822  1786  1822  1786  1822  1786  1822  1786
John Gerdiner Departed this life on the 23 rd day of November in the year 1822 aged 26 years three months six days
Else Gerdiner Departed this life the wife of 22 Evert Gerdiner on the 12 th day of April aged thirty six years one month and 17 days
 1822 Book  1786  36 

In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
   31 st Dec. 1782 Nich l Gardiner priv; £ 20 0 0   2 d Ap l 1780. Nich l Gardiner do in 7 1   1 st Augt. 1779. Nich l Gardiner do in 10 8   24 th Oct. 1780. do do 1 3 1 3/4   5 th July do Nich l Gardiner do in 8 10 1/2   21 st Augt. do Nich l Gardiner do in 16 0   1 st Sept. 1779 do do in 19 6 2/3   3 d Nov. do do do in 16 0   17 th May 1780. do do in 8 10 5/7   30 th Oct. 1781. do do in 10 8   14 th June 1779. do do in 8 10 15/15   29 th July 1781. do do in 5 21   6685   334226 14 10  
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, 22 d Sept. in 1847.
I hereby certify the above to be true extracts from Book No. 2, 6, & 7 — now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz :
   First—under Capt. Guy Young in Col. Marcus Millett Reg't.   Second " " Jacob Gardiner " " Brig. Fisher "   Third " " do " " do "   Fourth " " do " " do "   Fifth " " do " " do "   Sixth " " do " " do "   Seventh " " do " " do "   Eighth " " Lt. Abm. Snackenbop " " do "   Ninth " " do " " do "   Tenth " " Nich l Doekstedu " " do "   Eleventh " " do " " do "   Twelfth " " do " " do "  
Philip Scheep  Deputy

13526
Rachel Gardiner, widow of Nicholas Jr
act 7 July 1838.
Marr'd 1784
husband died 1812
John C. Nash Clerk

State of New York
County of Monroe ss Nicholas Gardiner of Riga in said County being duly sworn doth depose & say that he was acquainted with Rachel Gardiner, widow of Nicholas Gardiner, and that he is the grandson of the said Nicholas & Rachel Gardiner -
This deponent states that he was present at the time of the death of the said Rachel that she died in the said town of Riga on the Monday morning the twentieth day of September eighteen hundred and forty seven - 1847 - And further this deponent saith not -
Sworn & subscribed this 4 th day of October 1847. Before me -
Nicholas Gardiner
Edward Garrison S.P.
State of New York
County of Monroe ss L. M. Drury of Canandaigua in said County being duly sworn doth depose & say that sometime in the Spring or summer last past he was employed to prosecute a claim to a pension of on behalf of Rachel Gardiner widow of Nicholas Gardiner deceased - and this deponent says the said Rachel several times in the course of the summer at the house of Mrs. Hilton in the city of Rochester where she was then residing - that sometime in the month of August or September last the said Rachel left Rochester & went to the town of Riga at the house of her grandchildren to reside. and on the day the sixteenth day of September last this deponent then called on the said Rachel at Riga & had some conversation with her

about her husband's services in the revolutionary war & about the family record of their marriage - that this deponent found the said Rachel in very feeble health & suffering from a dropsical complaint as she informed this deponent - that in about a week after this time, this deponent saw the said Rachel - he was informed that she had died & that her death took place on the twentieth day of September last past.
Sworn & subscribed this 26 th day of Nov. 1847. Before me -
L. M. Drury -
Edward Barnard J.P.
State of New-York, Ulster County ss. Clerk's office -
I, John C. Nash, Clerk of said County, Certify, that Edward Barnard Esquire, was at the date of the foregoing Certificate, a Justice of the Peace, residing in the City of Rochester, in the said County, duly authorized to take the same; that I am well acquainted with his handwriting, and truly believe that the signature to said Certificate are genuine.
In testimony whereof I have hereunto set my hand, and seal of said County, this 26 th day of November, A.D. 1847.
John C. Nash Clerk
13526
Rachel Gardner widow of Nicholas J. G.
act 7 July 1838
Married 1784
husband died 1812

Albany April 22 1776
This permits the bearer hereof, Captain Gardiner to pass to Albany as he is appointed a Blacksmith in the Con- tinental Service for the ...
[Large cursive signature: B. D. ...]
Gardiner, Nicholas N.Y. R 3904

This permits the bearer Jacob Gardinier to pass to Cague with his Boat, he being a Blacksmith in the Continental Service for the use of the Indians as ordered the Commission.
Albany Sept 19 th 1776
Genl. G. Clinton M c .
Gardinier Nicholas N.Y. R 3904

RECORDED
5904.
Michael Giammari Service: wid. of Nicholas
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

R. 3904.
Rachael Gardiner md. Nicholas Gardiner,
not identical with W 17,002, same names.
In R. 3904, marriage was in 1784, and soldier died in 1812.
In W. 17,002, mar- riage was in 1777, and soldier died in 1832.
Aug. 11, 1911, F.W.

State of New York
County of Wyoming ss. Israel Smith of the town of Athens in said county being chief deponent deponent aged eighty five years being duly sworn doth depose & say that he was a soldier in the war of the revolution and is in the receipt of a Pension of the United States for his services in said war that he was in service in the New York troops in the years 1779, 1780 1781, & 1782 and was a portion of the time in 1781 & 1782 in service under Col. Willett and was stationed at various places along the Mohawk & Hudson River. Was at Fort Stanwix Fort and assisted in the construction of a Block House at Fort Plain and was also stationed at Schenectady & Saratoga.
This deponent states that while in service in the year 1782. along the Mohawk he became acquainted, with a soldier in Capt. Young's company of Col. Willett's Regt by the name of Nicholas Gardiner, that he was a son of Capt. Jacob Gardiner who had commanded a company of Militia or Rangers in said war, and that the place of residence of the said Gardiner was Charlestown near the said Mohawk River.
This deponent states that he was well acquainted with the said Nicholas Gardiner from a circumstance circumstance and he remembers particularly about him from the a circumstance which took place in reference to the said Gardiner and a brother of this deponent by the name of David Smith who was likewise a soldier in the service. That this deponent's said brother performed played off an amusing trick upon the said Nicholas Gardiner which caused
M rs David Wilson filed in 1782

the said Gardiner to be much laughed at by his comrades and which offended the said Gardiner and he made an effort to catch this deponents said brother for the purpose of chastising him - but that his said brother hid himself among the tents until the said Gardiner had recovered from his poison - This deponent states that the said Gardiner was (as he thinks) at this time (viz 1782) about twenty five or twenty four years of age - and that he was a stout built man and rather thick set. This deponent states that he knew the said Gardiner quite well and that he was supposed to be the son of Capt Jacob Gardiner, whom this deponent saw while stationed on the Mohawk - And further says not -
Sworn & subscribed this 16 th day of March 1848 - Before me - Orlando Kelly Justice of the Peace
Isaac Smith
I hereby certify that the above named Isaac Smith is personally known to me - that he is a man of unusual vigor & activity of mind & body for a man of his years and his character for truth & veracity is unimpeachable.
Orlando Kelly Justice of the Peace

Orlando Kelly Justice of the Peace
State of New York, Wyoming County ss.
I, Abel Webster, Clerk of Wyoming County, do hereby certify that Orlando Kelly whose name is above written is a Justice of the Peace in and for said County and duly qualified to act as such. And that I am well acquainted with his hand writing and verily believe that the signature  above written is genuine. And further certify that his term of office, commenced on the 6 th day of January 1847 and will expire on the 31 st day of December 1850.
In Witness Whereof I have hereunto set my hand and affixed my official Seal, at Warsaw, in said County, this 5 th day of April 1848
Abel Webster Clerk
R 3904

Letter in case of Isaac Smith N.Y.

Batavia, N. Y. April 23 d 1833
Hon. J. L. Edwards Comm r of Pensions
Sir, The enclosed papers of Isaac Smith are amended by procuring certificates of credibility to the affidavits -
The sheet on which the certificate of the certifying officer appears is not cut into two parts but remaining attached at the top - so that it conforms to the instructions of the Department -
I have the Honor
Your Ob t Serv t &c,
H. H. Dyer

at Fort Canandaigua, N.Y. April 24. '48. Sir:
The testimony of Isaac Smith in the is herewith presented in the case of Rachel Gardiner to identify her husband with the Nicholas Gardiner in Col. Willets Regt. of 1782 - There is testimony on file in this case to show that Nicholas Gardiner was the son of Capt Jacob Gardiner - There is also proof to show that he was employed as a Blacksmith in the Continental Line. The "pass" given by Colonel P. Dowe in 1776 permitting the hire of Jacob Gardiner to pass to the Cayugas shows that he was a Blacksmith in the United States Service - and it is supposed that some evidence could be found on the Records at Washington that the was so, & the length of the time he served - In the letter reporting the decision of the Department in this case, it is stated that the name of Jacob Gardiner is not found on the roll of Artificers - but it does not state whether the name of Nicholas Gardiner is found thereon -
It is hoped that an examination of the records roll of Artificers may show

that Nicholas Gardiner was an Artificer, As it is not, it is hoped that the testimony herewith furnished will be deemed sufficient to identify him with the Soldier John Col. Webb the Regt. in 1782.
Very respectfully -
John A. D. - Sept - 5 1811
John A. D. Gardiner - I have is also proof to show that he was an - employed as a Blacksmith in the - Col. Dine. The "puff" from the - in 1776 permission the bar of - similar to pass to the European - he was a Blacksmith in the United - States Service - and it is supposed that some evidence could be found in Records at Washington - in the length of the time - he was reporting the Blacksmith this case, it is stated that the name of John Gardiner is not found on the roll of Artificers - but it does not state whether the name of John Gardiner is found there - It is hoped that an examination of the records will find him

V N 13526
Rachel Burdum dit.
Mrs. Olney
D. 5 27th
St. John May 5 1835
St. John's Church
Same June 1835
London & East India Co
Act 7 July 1835

The People of the State of New-York,
By the Grace of GOD, Free and Independent ::
To Nicholas Gardiner Gentleman — GREETING.
WE, reposing especial trust and confidence, as well in your patriotism, conduct and loyalty, as in your valour and readiness to do us good and faithful service, HAVE appointed and constituted, and by these presents, DO appoint and constitute you the said Nicholas Gardiner Lieutenant of a Company — — — in the Regiment of Militia in the County of Saratoga — — — whereof Samuel Clark Esquire, is Lieutenant-Colonel Commandant: YOU are, therefore, to take the said — — Company — — into your charge and care as Lieutenant thereof and duly to exercise the Officers and Soldiers of that — — Company — — in arms, who are hereby commanded to obey you as their Lieutenant — — — and you are also to observe and follow such orders and directions, as you shall from time to time receive from our General and Commander in Chief of the Militia of our said State, or any other your superior Officer, according to the Rules and Discipline of War, in pursuance of the trust reposed in you; and for so doing, this shall be your commission, for and during our good pleasure, to be signified by our Council of Appointment: IN TESTIMONY whereof, we have caused our seal for military commissions to be hereunto affixed. WITNESS our trusty and well-beloved GEORGE CLINTON, Esquire, Governor of the State of New-York, General and Commander in Chief of all the Militia, and Admiral of the Navy of the same, by and with the advice and consent of our said Council of Appointment, at our City of New-York, the Fifteenth — — day of October — — in the year of our LORD one thousand seven hundred and ninety three and in the Eighteenth year of our Independence..
Passed the Secretary's Office. The 15 th November 1793
Lewis A. Sch. SECRETARY:
Geo. Clinton

Canandaigua. N.Y. Nov. 26. 1847.
Sir:
Herewith is transmitted the claim of the heirs of Rachel Gardiner widow of Nicholas Gardiner for investigation -
Your attention is called to the allegation of the parties of Nicholas Gardiner's service as an Artificer -
The "pass" annexed to the papers shows that he was employed in that capacity - It is believed that the rolls at Washington will show whether he was an Artificer & the length of time he served - There is no evidence with the Artificers at the Comptroller or Secretary's Office at Albany so the Comptroller informs me -
It will be seen that the name of Nicholas Gardiner is spelled in different ways in the Certificate of the Comptroller - In the Commission as Lieut. it will be seen that it is spelled "Gardiner" - as it is in the Comptroller's Certificate -
I am respectfully -
Your Obedt Servt -
J. L. Edwards Esq - Counsel of Pleaders }
D. M. Denny -

Canandaigua N.Y. Feb. 25 th 1851.
Sir;
I desire to call your attention to a re-examination of a claim to a pension under the act of 7 th July 1838. - which I observe by my files has not heretofore received the favorable action of the Department.
It is the case of Rachael Gardiner widow of Nicholas Gardiner.
The report was made by a clerk not now in the Pension Office, I understand, and the decision given in the case, was made, perhaps, by the late Commissioners of Pensions - the reports & decisions, of both of whom were always unaccountable.
A careful re-examination of this case is requested to be made, and the belief is entertained that the testimony already addressed will be deemed sufficient to establish the claim -
It is submitted that the identity of Mrs Gardiner's husband with the soldier of the same name in Col. Willets Regiment is clearly shown by the testimony of the witness, Isaac Smith. He does not state that Mrs Gardiner is the widow of Nicholas Gardiner, because he does not know her, and his acquaintance with the soldier of that name was prior to the marriage - but he does state that the Nicholas Gardiner whom he knew in service was the son, of Capt Jacob Gardin

man who was a captain of a Militia in the Mohawk District, and the old documents filed in this case conclusively show that Mrs. Gardiner's husband was the son of Capt. Jacob Gardiner. And Smith relates a circumstance by which his knowledge of Col. Gardiner, the son of Jacob Gardiner, was fastened upon his memory, and that circumstance was the trick played upon Gardiner by his Smith's Brother, David.
It is submitted that these circumstances of identity are strong, & sufficient to connect Claimant's husband with the soldier - and that the requisition of the Court of Pensions in his letter of the 5 th May 1848, that record evidence should be adduced to show that David Smith belonged to Withth Regiment in 1782 is entirely unreasonable & unnecessary. The reason that David Smith was mentioned at all, was only to show a fact by which the witness' memory was fortified in his statement of the service of Nicholas Gardiner, & it is entirely foreign to the purpose to prove the service of David Smith.
And besides Grace Smith did not state that his Brother was in Col. Willett's Regt. On the contrary he stated to me, though it may not have been put into the affidavit, that his Brother was in the Continental Line, and in Col. van Cortlandt's Regiment. & that at this time the two Regiments were stationed along side of each

other on the Mohawk - Col. Willets commanded the M t Levis at that time - & Col. Van Cortlandt a Regiment of the Line -
The informant states that Isaac Smith was not, if his statement in his own case be cor- -rect in service, under Col. Willets in 1782.
I do not know how this is but I know that he so stated that he was in service in Col. Willets Regt. and he appeared to have a distinct & perfect recollection of his service & he alleged that he served in the years 1780 - 1781 & 1782 - in both Col. Willets & Col. Weissenfels Regt.
There are several persons of the name of Isaac Smith on the New York Pension Roll and it is possible the Clerk who made the examination may have looked at the papers of the wrong person or he may have been mistaken, if he looked at the papers of the right one -
I desire that a re-examination of the whole case may be made - & the report communicated to me.
I am very respectfully
Your Ob t . Serv t .
L. M. Drury
J. E. Heath, Esq. Comm r of Pensions Washington - D. C.

State of New York County of Monroe ss Benjamin Wheeler being duly sworn doth depose & say that during the year 1847- he was Sexton of a Church in the town of Ogden and in that capacity he was present at the funeral and burial of Mrs Rachel Gardiner of the town of Riga in said county - that she died in the town of Riga but was buried in the town of Ogden - that this deponent dug the grave of the said Rachel and that she was buried on the twenty second day of September in the year eighteen hun- -dred & forty Seven. 1847- And further says not.
Sworn & subscribed to this 24 th day of April 1848 - Before me.
Benjamin Wheeler
John C. Nash Clerk.